The United States District Court for the Middle District of Tennessee (Honorable Eli Richardson) has conditionally certified, for settlement purposes only, a Settlement Class in Nelson v. Nissan North America, Inc., Case No. 3:17-cv-01114.
If you received a notice of the Settlement directed to you, then you may be a member of the Settlement Class. But even if you did not receive a notice, you may still be a member of the Settlement Class. The “Settlement Class” is defined as:
All persons in the United States and its territories of Puerto Rico and Guam who purchased any White-painted Nissan Rogue produced between January 11, 2013 and April 23, 2013, and/or any White-painted Infiniti QX56 produced between November 20, 2009 and December 12, 2012.
Excluded from the Settlement Class are NNA; any entity that is a subsidiary of or is controlled by NNA; anyone employed by Class Counsel; any judge to whom the Underlying Actions are assigned, his or her spouse, and members of the judge’s staff.
If you are not sure whether you are in the Settlement Class, or have any questions not already covered here about the Settlement contact the Settlement Administrator using the Contact Us tab.Top
These two cases were brought as class actions alleging that NNA produced vehicles with defective exterior paint that peeled off in whole parts after a relatively short period of use. This is just a summary of the allegations. The complaints in these lawsuits are posted on the Case Documents tab and contain all of the allegations. NNA denies these allegations; however, to avoid the expense, inconvenience, and distraction of continued litigation, NNA has agreed to the Settlement described in this Notice.Top
In a class action, one or more people or entities called class representatives sue on behalf of people and entities who have similar claims. In this case, Michelle Nelson and John Anglin sued NNA in a representative capacity, and the Court has appointed them to be Settlement Class Representatives for all Class Members.
The Court also approved the law firms McGuire Law, P.C.; Glassman, Wyatt, Tuttle & Cox, P.C.; Morgan Law Firm, Ltd.; and Sawin Law Firm, Ltd. to represent the Settlement Class. If you want to be represented by your own lawyer, you may hire one at your own expense.
Under the Settlement, NNA has agreed to provide an Extended Warranty for the members of the Settlement Class. The Extended Warranty increases the exterior paint warranty coverage for the vehicles subject to this Settlement. Under the Extended Warranty, you have two options, depending on whether you have already repainted your Nissan or Infiniti vehicle that is subject to the Settlement.
The Extended Warranty extends your vehicle’s exterior paint warranty—specifically for paint peeling issues— for four years.
You are eligible for one repaint (or reimbursement of a repaint) of your vehicle, subject to the co-pays described below. To act on this eligibility, if you have not already had your vehicle repainted, you must bring your vehicle to any authorized Nissan or Infiniti dealer and inform the staff that you are a member of this Settlement Class. The dealer will inspect your vehicle to confirm its eligibility for a repaint. If confirmed, the dealer will coordinate to obtain a repaint estimate that it will share with you and NNA to confirm acceptance of the estimate. Once the estimate has been accepted by you and NNA, the repaint will proceed and you will be offered a rental car (subject to a maximum spending cap), as necessary. The dealer will coordinate the delivery of your vehicle to the paint shop and, once the repaint is performed, will contact you to pick up your vehicle. Because the repaint process is a multi-step process, please be patient as your dealer coordinates your repaint.
During the first two years of the Extended Warranty, NNA will cover 90% of the cost of the repaint (you pay a 10% co-pay). During the final two years of the Extended Warranty, NNA will cover 70% of the cost of the repaint (you pay a 30% co-pay). If you need to rent a car during the repaint process, NNA will provide up to $400 of rental car coverage for Nissan Rogue repaints and up to $600 for Infiniti QX56 repaints.
If you already repainted your vehicle at your own expense before notice of the benefits under this Settlement was issued, you may be eligible for reimbursement for the repaint expenses you incurred, including reimbursement for rental car expenses. Reimbursement amounts will be in the same co-pay percentages as shown in the Repaint option described above. To apply for reimbursement under the Settlement, you must submit your reimbursement request to NNA within one year of the Effective Date of the Settlement. You will receive notice of the Effective Date once the Settlement has been approved, and that notice will provide the contact information for such submissions. This process will require vehicle owners to provide documentation proving their earlier repaint (e.g., repaint invoices) as well as any earlier rental car expenses.
In addition to either repainting your vehicle or reimbursing you for a previous repaint, as described above, NNA will provide you with 3 months of eligibility in Nissan’s Vehicle Purchase Program starting after the Effective Date of the Court’s final approval of the Settlement. Nissan’s Vehicle Purchase Program offers pre-negotiated pricing on new Infiniti and Nissan vehicle purchases. If this Settlement is approved by the Court, you will receive a separate notice in the mail with more details about your ability to participate in the Vehicle Purchase Program.Top
No. Class Counsel will apply to the Court for an award of attorneys’ fees and expenses for investigating the facts, litigating the cases, and negotiating the Settlement. To date, Class Counsel have not received any payment for their services in litigating the cases on behalf of the Class Representatives and the Settlement Class, nor have Class Counsel been reimbursed for their costs and expenses directly relating to their representation of the Settlement Class. Class Counsel will also request that an Incentive Award be awarded to each of the Class Representatives in recognition of their service to the Settlement Class. The amount of any fee or Incentive Award will be determined by the Court. You may contact Lead Class Counsel for further information at the following address:
Evan M. Meyers
David L. Gerbie
MCGUIRE LAW, P.C.
55 West Wacker Drive, Suite 900
Chicago, IL 60601
Tel: (312) 893-7002
Unless you exclude yourself, you will be a member of the Settlement Class, and you will be bound by the release of claims in the Settlement. This means that if the Settlement is approved, you cannot sue, continue to sue, or be part of any lawsuit against NNA involving or relating in any way to the claims made in the lawsuits covered by the Settlement. The released claims include all claims that were or could have been asserted in the lawsuits, regardless of whether those claims are known or unknown, filed or unfiled, asserted or as yet unasserted, existing or contingent. These include claims under provisions of Section 1793.22 of the California Civil Code.Top
If you are a member of the Settlement Class, you may object to the Settlement or any part of the Settlement that you think the Court should reject; if so, the Court will consider your views. To object, you must send your objection to the Settlement Administrator, Class Counsel, and NNA’s Counsel providing:
Your objection must be postmarked on or before November 29, 2019. Objections must be mailed to:
Nelson v. Nissan Settlement Administrator
If you want to exclude yourself from the Settlement Class, sometimes referred to as “opting-out,” you will not be eligible to receive any benefits as a result of this Settlement. However, you will keep the right to sue or continue to sue NNA on your own and at your own expense concerning any of the claims that will be released as part of this Settlement.
To exclude yourself from the Settlement Class, you must send a letter to the Settlement Administrator providing:
If you wish to exclude yourself, you must submit the above information to the following address so that it is postmarked no later than November 29, 2019.
Nelson v. NissanSettlement Administrator
P.O. Box 43502
Providence, RI 02940-3502
Requests for exclusion from the Class that are not postmarked on or before November 29, 2019 will not be honored.
You cannot exclude yourself from the Settlement Class by telephone, email or on this Settlement Website. You cannot exclude yourself by mailing a request to any other location or after the deadline above. Your exclusion notice must be signed by you.Top
Objecting is telling the Court that you do not like something about the Settlement. Excluding yourself is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no basis to object to the Settlement because it no longer affects you.Top
You will remain a member of the Settlement Class. However, to have the potential for benefits under the Settlement, you will need to exercise your rights under the Settlement consistent with the process described in Part 4 above.Top
The Court will hold a Final Approval Hearing to decide whether to approve the Settlement and any requests for fees, expenses, and Incentive Awards. The Final Approval Hearing is currently set for December 19, 2019 at 1:00 p.m. at the United States District Court for the Middle District of Tennessee, Nashville Division, located in Courtroom 874, 801 Broadway, Nashville, TN 37203. The hearing may be moved to a different date or time without additional notice, so you should check this website and the Court’s docket for updates.
At the Final Approval Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider the request by Class Counsel for attorneys’ fees and expenses of up to $1,780,000 and for the Class Representatives’ Incentive Awards of $10,000 each. If there are any objections, the Court will consider them at the Final Approval Hearing. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long that decision may take.
You may attend the hearing at your own expense, but you do not have to do so.
You may ask the Court for permission to speak at the hearing. To do so, you must send a letter saying that you intend to appear and will seek to be heard. This “Notice of Intention to Appear” must include the following:
You must send copies of you notice of intent to appear, postmarked by November 29, 2019, to:
(1) United States District Court for the Middle District of Tennessee
(2) Plaintiffs' Counsel
(3) Defendant's Counsel
You cannot speak at the hearing if you exclude yourself from the Settlement.Top
No. It is only a summary of the Settlement. If the Settlement is approved and you do not exclude yourself from the Settlement Class, you will be bound by the release contained in the Settlement Agreement, and not just by the terms of this Notice. Capitalized terms in this Notice are defined in the Settlement Agreement. You can view the full Settlement Agreement under the Case Documents tab or contact the Settlement Administrator using the Contact Us tab.Top
For more information, contact the Settlement Administrator using the Contact Us tab, or you may contact Class Counsel as set forth in Section 5, above.
PLEASE DO NOT CALL OR WRITE THE COURT, THE COURT CLERK’S OFFICE, OR NNA’S COUNSEL. THEY WILL NOT BE ABLE TO ASSIST YOU.